10Burning certain substances requires environmental

10 Burning certain substances requires environmental authorisation (a) burns 1 or more of the following substances: (i) a synthetic plastic or other synthetic polymer; (ii) wood that— (A) is painted, chemically treated or contaminated with a chemical; and (B) has not been approved for sale or supply by the authority and chief health officer; (iii) a chemical other than a chemical recommended by the manufacturer as fuel for a fire; and (b) either— (i) does not have an environmental authorisation for burning the substance; or

(ii) has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation. Note Environmental authorisations are dealt with in the Act, pt 8. (2) Subsection (1) does not apply to anything required to be done under the Biosecurity Act 2023. (3) A person commits an offence if the person— (a) burns 1 or more of the following substances: (i) waste; (ii) unseasoned wood; and (b) either— (i) does not have an environmental authorisation for burning the substance; or (ii) has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation. (4) Subsection (3) does not apply— (a) to burning paper or cardboard for the purpose of starting a fire; or (b) to anything required to be done under the Biosecurity Act 2023; or

(c) in relation to the burning of waste on land in an area that is not in the built-up area by a person who is ordinarily resident on the land if— (i) the waste is waste as a result of the person being the resident of the land; and (ii) the burning happens on that land. (5) An offence against this section is a strict liability offence.